96-22135 RESO
RESOLUTION NO.
96-22135
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
HARRY HEINITSH, M.D. AS MEDICAL DIRECTOR FOR THE CITY
OF MIAMI BEACH EMERGENCY MEDICAL SERVICES (EMS),
FROM OCTOBER 1, 1996 TO SEPTEMBER 30, 1997, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE AGREEMENT.
WHEREAS, the City of Miami Beach contracted with Harry Heinitsh, M.D., to act as Medical
Director for the City's Emergency Medical Service from August 28, 1989 through September 30, 1996; and
WHEREAS, upon expiration of the initial agreement, the City wishes to enter into a new one (1) year
agreement for these services from October 1, 1996 through September 30, 1997, (Agreement).
NOW, THEREFORE, BE IT DULY RESOL VED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are
hereby authorized to execute the attached Emergency Medical Services Agreement between Harry Heinitsh,
M.D., and the City of Miami Beach.
PASSED AND ADOPTED THIS 25th day of September
,1996.
ATTEST:
RO~<1- f~
CITY CLERK
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CITY OF
MIAMI
BEACH
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CITY HALL 1700 CONVENTION CENTER GRIVt: MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 6~ 2..q~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 25, 1996
SUBJECT:
A Resolution Aut the Extension of the Agreement Between
Harry Heinitsh, ., and the City of Miami Beach as the Medical
Director for the City of Miami Beach.
FROM:
Jose Garcia-Pedrosa
City Manager
ADMJ~JSTRA TJON RECOMMENDATION:
The Administration recommends that the City Commission extend the agreement by the attached Resolution.
BACKGROUND
The City of Miami Beach entered into an Emergency Medical Service Director Agreement with Harry Heinitsh, M.D., commencing
August 28, 1989, thru September 30, 1996 with a provision that the term may be extended by Mutual Agreement.
The City and Dr. Heinitsh, now mutually agree to extend the agreement from October I, 1996 thru September 30, 1997.
OBSERVATION
The current salary of $58, 131 has been in effect since FY 1995/96 and we are requesting that it be increased to $6) ,038 annually
(5% increase) for the term of this agreement.
A RescC~
233
DATE
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AGENDA ITEM
EMS MEDICAL DIRECTOR AGREEMENT
THIS AGREEMENT made this 25th day of September, 1996 by and between the CITY OF MIAMI
BEACH, a Florida Municipal Corporation having an address of 1700 Convention Center Drive, Miami Beach,
Florida 33139 (City), and HARRY HEINITSH, M.D., having an address of6396 Manor Lane, Apartment 6,
South Miami, Florida 33143 (Contractor).
WITNESSETH
WHEREAS, The City wishes to enter into an agreement for Medical Director of the City's Emergency
Medical Services (EMS) provided by the City's Fire Department (Agreement); and
WHEREAS, Contractor wishes to serve as the Medical Director for the City's EMS.
NOW THEREFORE, in consideration of the mutual covenants and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties agree as
follows:
1. Term. The term of the Agreement shall be for one (1) year, commencing on the 1st of October
1996, and ending on the 30th Day of September 1997. The term may be extended by mutual agreement of
the parties hereto.
2. Services. Contractor agrees to direct and coordinate the delivery of the City's EMS system in
accordance with the State of Florida Department of Health and Rehabilitative Services; F.A.C. 10D66.0505
Medical Direction, F.S. 401.265 Medical Directors, and other pertinent State, County and Local Laws. A
copy of 10D66.0505 and F.S. 401.265 are attached hereto as Exhibit "A" and by reference made a part hereof.
Contractor acknowledges that he has read and is familiar with the foregoing codes and statues.
3. Payment. City agrees to pay Contractor compensation for the above services at an annual rate of
sixty one thousand thirty eight dollars ($61,038.00), payable in 26 equal bi-weekly amounts.
4. Medical Malpractice Insurance. City agrees to provide, on behalf of Contractor, medical
malpractice liability insurance for the period of time he acts as the City's Medical Director. Such insurance
shall cover Contractor only for the activities relating to Contractor's capacity as Medical Director and not to
any other activities of Contractor. City shall have the option to self insure Contractor's medical malpractice
liability, to the extent permitted by law, but only up to the limits of liability set forth in Section 768.28,
Florida Statutes.
5. No Partnership. Nothing herein contained shall create or be construed as creating a co-
partnership between the City and the Contractor or to constitute the Contractor as an agent of the City.
Contractor shall be deemed to be an independent contractor and not an agent or employee of the City; and
shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City; or any rights
generally afforded classified or unclassified employees. Furthermore, he shall not be entitled to Florida
Workman's Compensation benefits as an employee of the City or accumulation of sick or annual leave.
6. It is further agreed that this Agreement may be altered, extended and amended only upon the prior
written consent of both parties. Contractor shall not assign, transfer or subcontract his rights and obligations
under this Agreement.
7. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct
nor indirectly, which should conflict in any manner or degree with the performance of the services to be
provided hereunder.
8. This Agreement may be terminated without cause for the convenience of either party at any time
upon furnishing sixty (60) days' written notice to the other party.
In the event of termination for convenience of either party, the Contractor shall be paid a sum equal
to all payments due to him up to the date of termination of this Agreement, provided Contractor is continuing
to provide all services pursuant to the Agreement up to the date of termination.
9. Contractor agrees to indemnify, defend and hold harmless, the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses and expenses,
including, but not limited to, attorney's fees, for personal, economic or bodily injury, wrongful death, loss of
or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent
acts or omission or other wrongful conduct of the Contractor in connection with the Contractor's performance
of services pursuant to this Agreement. The Contractor's obligation under this article shall not include the
obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful
conduct of the City and its officers, employees or agents. The parties each agree to give the other party
prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other
party.
10. The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of $5,000.00 Contractor hereby
expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount of $5,000.00. Accordingly, and
notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall
not be liable to Contractor for damages in an amount in excess of$5,000.OO for any action or claim for breach
of contract arising out of the performance or non-performance of any obligations imposed upon the City by
this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida
Statutes.
11. All notices under the term of this Agreement shall be sent to the following:
CONTRACTOR:
DR. HARRY HEINITSH
6396 MANOR LANE
APT. #6 .
SOUTH MIAMI, FL 33143
CITY:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
WITH COPIES TO:
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
12. This Agreement shall be enforceable in Dade County, Florida and if legal action is necessary by
either party with respect to the enforcement of any and all terms or conditions herein, exclusive venue for the
enforcement of same shall lie in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
ATTEST
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CITY CLERK
WITNESS
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CONTRACTOR
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HARRYHEINITSH, M.D.
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